It doesn’t matter if a divorce is unexpected or has been building for a long time. Either way, once that first step is taken, it’s important to plan accordingly for the many critical steps and tasks that need to fall in place for a divorce to happen.
Understand Grounds For Divorce
A divorce is not granted on a whim. In Virginia, starting the divorce process requires demonstrating legitimate grounds for a marriage to end legally.
Grounds for divorce fall into two categories: no-fault and fault. A no-fault divorce can be granted if the couple can prove they have not lived together for at least one year. If they do not have children and have an existing property settlement agreement, the time period can be shortened to six months.
A fault divorce is more complicated. One of the parties needs to prove that the other committed an act deemed to be a fault under Virginia marriage law. These faults are:
- Adultery, or engaging in sexual conduct outside of the marriage. However, adultery cannot be used as grounds for divorce if the other spouse continues to reside with the other party after learning of the fault, or if it occurred five years or more before filing for divorce. Sodomy outside the marriage is also deemed a fault separate from adultery.
- Felony, or when someone is known to have committed or is convicted of a felony (not all felonies apply here)
- Abuse and/or cruelty must be such that one party fears physical harm if they remain within the marriage.
- Abandonment. or when one party intentionally leaves the other and is absent for one year or more.
Meet Residency Requirements
To file for divorce in Virginia, at least one of the other parties must be a resident of the state for at least six months at the time of filing for a divorce. The marriage could have occurred in another state, but at the time of filing for divorce, documentation of residency is required.
Know Your Finances And Have Documentation Ready
Finances are always an important component of a divorce. Know what you and your spouse earn, what your joint assets are, and how much money or debt you share. It is a good idea to gather all relevant documentation on joint finances before filing for divorce in order to have an idea of how to divide assets or debts—and help make the divorce process run more smoothly.
Understand Alimony And Child Support Laws
If the marriage is long-term and one party is earning (or has the potential to earn) a much higher salary than the other, the higher-earning spouse may be required to pay alimony. Alimony, or spousal support, involves making regular payments to an ex-spouse to assist them with the cost of daily living. The amount and duration is set by the court, following submissions from both parties.
Child support is similar to alimony, except that the funds are used specifically for caring for children resulting from the marriage. Custody is also decided during divorce proceedings to determine who will have primary care of the children. The parent who does not have primary custody may be required to pay child support in addition to alimony to assist the ex-spouse with the financial burden of raising their children.
It is important to understand these concepts prior to planning for a divorce to formulate an appropriate request for alimony and child support payments from the court.
Choose The Right Attorney
There are very specific laws related to divorce. It is important you find an attorney who specializes in divorce and has a thorough understanding of these laws. They are the ones who can provide the soundest advice.
Just Follow The Steps
Divorce can feel very complicated at first and may leave you wondering why does divorce takes so long. However, if one carefully follows the defined steps, it’s possible to navigate the process more easily.